Eleanor Finch
As of November 1, 2019, Oklahomans over the age of 21 can carry a firearm either openly or concealed without a permit. This is known as constitutional carry. Texas, however, is not a constitutional carry state. Texans must have a license to carry a firearm, which requires passing a federal background check. Therefore, Texas does not honor Oklahoma's constitutional carry.
| Characteristics | Values |
|---|---|
| Texas honor Oklahoma constitutional carry | No |
| Oklahoma constitutional carry law effective date | November 1, 2019 |
| Texas requirement for carrying a firearm | License |
| Texas license to carry requirements | Passing a federal background check |
| Texas law on open carry | Allowed with a license |
| Oklahoma constitutional carry law | Allows individuals over the age of 21 to carry a firearm without a permit |
| Oklahoma constitutional carry law exceptions | Individuals under 21 who are members of the military or honorably discharged veterans |
| Oklahoma recognition of other states' permits | Recognizes permits issued by all other states |
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What You'll Learn
- Texas gun laws require a license to carry a firearm
- Oklahoma's constitutional carry law allows anyone over 21 to carry a firearm without a permit
- Texas and Oklahoma have different gun laws
- Texas gun owners and the Texas GOP have pushed for constitutional carry
- Oklahoma recognizes permits issued by all other states
Texas gun laws require a license to carry a firearm
Texas gun laws have changed over the years, and as of 2021, Texans no longer need a license to carry (LTC) a handgun in most public places. Texans are, however, still able to get a license to carry if they wish to. There are several benefits to having a license, such as being able to carry a gun in certain places where those without a license cannot. For example, there are different rules for licensed and unlicensed carry near schools and colleges. Additionally, Texans may need a Texas LTC if they want to carry their handgun in another state that requires a handgun license.
To get a license to carry in Texas, applicants must pass a federal background check. This means that anyone with felony convictions, some misdemeanours, certain psychological diagnoses, and chemical or alcohol dependency cannot obtain a license.
Texas law does not specifically put restrictions on who can carry a long gun, such as a rifle or shotgun. However, some people are prohibited by law from owning or possessing any firearm. Texas law also gives most private property owners the power to choose whether they want to allow guns on their property or not. If property owners want to ban guns, they generally need to let people know by posting specific signs or giving notice in another way. Certain businesses and other places are considered “prohibited places” for firearms, such as hospitals, racetracks, and amusement parks.
Texas is not a constitutional carry state, unlike its neighbour Oklahoma. In Texas, people can openly carry guns, but they must have a license. In Oklahoma, a license, permit, or background check is not required to carry a firearm. Texans need to remember that the laws are different in Oklahoma and that Texas law applies as soon as they cross the border.
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Oklahoma's constitutional carry law allows anyone over 21 to carry a firearm without a permit
Oklahoma's constitutional carry law, which came into effect on November 1, 2019, allows anyone over 21 to carry a firearm without a permit. This law, also known as House Bill 2597, permits Oklahomans aged 21 and older to carry a firearm, either concealed or unconcealed, without a license. The law also applies to veterans, active-duty military, and reserve members aged 18 and over.
While this law expands gun rights in Oklahoma, it is important to note that the state still has some restrictions on who can carry a firearm and where. For example, federal law prohibits certain individuals, including felons, fugitives, individuals with specific mental health diagnoses, and those under a domestic violence restraining order or convicted of domestic violence misdemeanour, from possessing firearms. Additionally, businesses, owners, tenants, employers, liquor stores, and places of worship in Oklahoma are allowed to prohibit the carrying of concealed or unconcealed firearms on their property.
It is also worth noting that Oklahoma's constitutional carry law is not applicable in Texas. Texas requires a license to carry a firearm, and applicants must pass a federal background check to obtain one. This means that even if an individual is legally carrying a firearm in Oklahoma without a permit, they would need to obtain a license to carry that firearm in Texas. The differences in gun laws between the two states have been a source of concern for some residents, especially those living close to the border.
While Oklahoma's constitutional carry law expands gun rights for its residents, it is important for individuals to be aware of the specific laws and restrictions that still apply. Additionally, when travelling between states, it is crucial to understand the firearm laws of the state being entered to ensure compliance and avoid legal consequences.
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Texas and Oklahoma have different gun laws
Texas and Oklahoma have notably different gun laws. In 2019, Oklahoma passed a law that allows people over the age of 21 to carry a firearm, either concealed or open, without a permit. This is known as "constitutional carry" or "permitless carry". Oklahoma joins a growing list of states with similar laws, but Texas is not one of them. In Texas, a license to carry is required, and applicants must pass a federal background check. This means that Texans with felony convictions, certain misdemeanours, some psychological diagnoses, or chemical or alcohol dependencies cannot obtain a gun license.
Oklahoma's constitutional carry law took effect on November 1, 2019, and allows anyone who is not a felon, or who has not been convicted of domestic violence or deemed mentally ill, to carry a gun without a license. While Oklahoma does not require a permit, federal laws still apply. The state does, however, recognize permits issued by all other states, and residents of other permitless carry states can carry in Oklahoma. Additionally, Oklahoma offers resident and non-resident licenses for members of the military stationed in the state and their spouses.
Texas and Oklahoma's differing gun laws can cause confusion for residents of the two states, especially those living close to the border. For example, a resident of Oklahoma could cross the border into Texas and, unknowingly, be in violation of Texas gun laws. Denison police Lt. Mike Eppler has warned Oklahomans that "even if [they are] just visiting [Texas] for a few hours, or even minutes, Texas law applies".
While Texas has not passed a constitutional carry law, it has attempted to do so. During a legislative session in 2019, State Rep. Jonathan Stickland authored House Bill 357, which was substantially similar to Oklahoma's law, with the caveat that Texans would be allowed to carry a handgun in public at the age of 18. The bill did not pass. With the recent announcements that both Bonnen and Stickland do not intend to seek re-election to the Texas Legislature, the future of constitutional carry and other gun-rights issues in Texas is uncertain.
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Texas gun owners and the Texas GOP have pushed for constitutional carry
In 2019, permitless carry was declared dead after a gun rights activist pushing the legislation visited the homes of several Texas House leaders, including Bonnen, who said the visits were acts of intimidation. However, in 2021, Republican lawmakers made another push, perhaps encouraged by Gov. Greg Abbott's commitment to protecting Second Amendment rights. A pair of bills by state Reps. James White and Matt Schaefer would have eliminated the requirement for Texans to obtain a license to carry handguns, but the appetite for passing permitless carry remained uncertain.
In 2021, Texas gun owners and the Texas GOP believed they had their best chance yet to pass constitutional carry legislation. This was due to a shake-up in House leadership, with supporters of the legislation being handed influential positions, and the practice gaining traction in statehouses across the country. However, gun control advocates raised concerns about making it easier to carry firearms in the wake of several mass shootings, both in Texas and in other states.
Despite these concerns, Texas gun owners and the Texas GOP continued to push for constitutional carry. In 2021, State Rep. Jonathan Stickland (R-Bedford) authored House Bill 357, which was similar to Oklahoma's new law, with the caveat that Texans would be allowed to carry a handgun in public at age 18. However, this bill died without even a hearing after a pro-constitutional carry activist block-walked in Texas House Speaker Dennis Bonnen's neighborhood. With both Bonnen and Stickland having since announced they do not intend to seek re-election to the Texas Legislature, the future of constitutional carry and other gun-rights issues in Texas is uncertain.
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Oklahoma recognizes permits issued by all other states
Oklahoma has a permitless carry law, which allows anyone over the age of 21 to carry a firearm, either openly or concealed, without a license. This law also applies to members of the military and honorably discharged veterans over the age of 18. In addition to this, Oklahoma recognizes permits issued by all other states, valid military identification cards, and valid licenses issued by other states. This means that if an individual has a valid permit, license, or military ID from another state, they are allowed to carry a firearm in Oklahoma.
Oklahoma's recognition of out-of-state permits is based on the principle of reciprocity, which allows for the mutual exchange of privileges between states. This means that if an individual from another state enters Oklahoma with a valid permit or license to carry a firearm, they are permitted to continue carrying their firearm in Oklahoma. This recognition of out-of-state permits is also extended to non-permitting states, where Oklahoma will reciprocate under the permitting law of that state.
It is important to note that while Oklahoma recognizes permits from other states, the same may not be true for other states. For example, Texas, which borders Oklahoma, does not have constitutional carry and requires a license to carry a firearm. This means that even if an individual has a valid permit from Oklahoma or another state, they would still need to obtain a separate license to carry a firearm in Texas. The laws regarding firearm possession and carry permits vary from state to state, so it is important for individuals to familiarize themselves with the local laws before traveling with their firearms.
Oklahoma's recognition of permits from all other states is a significant aspect of its gun laws. This recognition allows individuals with valid permits or licenses from other states to continue carrying their firearms when they enter Oklahoma. However, it is crucial to remember that each state has its own unique set of gun laws, and individuals should always ensure they are complying with the specific regulations of the state they are in.
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Frequently asked questions
No, Texas does not honor Oklahoma's constitutional carry. In Texas, a license to carry is required.
Oklahoma's constitutional carry allows anyone over the age of 21 to carry a firearm openly or concealed without a permit.
To get a license to carry in Texas, applicants must pass a federal background check. This means that anyone with felony convictions, some misdemeanors, certain psychological diagnoses, and chemical or alcohol dependency cannot get a license.
In Oklahoma, individuals must be over the age of 21 and cannot be felons, have a mental illness, or have domestic violence convictions.
Yes, Oklahoma recognizes permits issued by all other states. It also allows residents of other permitless carry states to carry within the state.
